Zum grundbücherlichen Richtigkeitsgebot und seiner amtswegigen Verwirklichung (§ 28 LiegTeilG) (1. Teil)

Die übereinstimmung zwischen Grundbuch, Kataster und Realit?t liegt im Schnittpunkt zwischen Gesetzgebung und ?konomie im ?ffentlichen Interesse. Im LiegTeilG, sohin an unvermuteter Stelle, ist ein Verfahren zur amtswegigen Verwirklichung dieses Kongruenzprinzips normiert, dessen prozessuales Instrumentarium durch auch jüngste Gesetzgebungsakte direkt und indirekt deformiert worden ist. Diese Abhandlung untersucht, ob die ursprünglich verfolgten gesetzgeberischen Intentionen zur Herstellung der Grundbuchsordnung auf der geltenden Rechtslage im judikativen Weg gem §§ 6 f ABGB revitalisierbar sind oder ob es zu deren Reanimation eines legistischen Eingriffs bedarf.     

Five Words for Assisted Dying

Motivated by Lord Joffe’s Assisted Dying for the Terminally Ill Bill, but with one eye on any possible future legislation, I consider the justifications that might be offered for limiting assistance in dying to those who are suffering unbearably from terminal illness. I argue that the terminal illness criterion and the unbearable suffering criterion are not morally defensible separately: that a person need be neither terminally ill (or ill at all), nor suffering unbearably (or suffering at all) to have a right to assisted dying. Indeed: I shall suggest that the unbearable suffering criterion undermines the Bill (or any proposal like it) wholesale. On the other hand, the criteria taken together are defensible, and this defence would be built on a concern for the protection of the vulnerable. However, I also claim that this implies that the law might justifiably—and maybe even properly—aim to prevent a person from gaining access to that to which they have a serious moral right. This seems paradoxical, and, towards the end of the paper, I seek to tease apart the paradox.     

DNA typing in populations of mule deer for forensic use in the Province of Alberta

The present study involves the development of forensic DNA typing tests and databases for mule deer in the Province of Alberta. Two multiplex PCR reactions interrogating 10 loci were used to analyze samples from three populations of mule deer. Additionally, an amelogenin based sex-typing marker was used to determine the gender of samples. Results show that the tests and databases are appropriate for use in forensic applications. Additionally, the results indicate that there is little population structure in mule deer in Alberta and that no changes to management of this game species are suggested.     

Does intellectual property lead to economic growth? Insights from a novel IP dataset

While policymakers often make bold claims as to the positive impact of intellectual property (IP) rights on both developed and developing country economies, the empirical literature is more ambiguous. IP rights have both incentive and inhibitory effects that are difficult to isolate in the abstract and are dependent on economic context. To unravel these contradictory effects, this article introduces an index that evaluates the strength of IP protection in 124 developing countries for the years 1995 to 2011. We illustrate the value of this index to economics study and show evidence that is consistent with IP leading to increased growth. Our results are further consistent with two causal pathways highlighted in the literature: that IP leads to greater levels of technology transfer and increased domestic inventive activity. Yet other aspects of our study fit uneasily with this simple story. For example, we find evidence suggesting that increased levels of growth lead to greater levels of IP protection, contradictory evidence in the literature linking IP with growth, a lack of evidence that increased levels of IP protection lead to actual use of the IP system, and problems with what IP indexes measure. Because of this, we suggest another – and so far undertheorized – explanation of the links between IP and growth: that IP may have few direct effects on growth and that any causality is a result of belief rather than actual deployment of IP.     

Does Perceived Injury Explain the Effects of Gender on Attributions of Blame for Intimate Partner Violence? A Factorial Vignette Analysis

Perpetrator and victim gender influence how blame is assigned in intimate partner violence (IPV) scenarios. Although men’s differential capacity to inflict and sustain harm is posited as the reason male perpetrators and victims receive more blame for IPV, it is possible that other aspects of the construct of gender, such as gender role beliefs, underscore these effects. Using a sample of 323 college students and a factorial vignette design that varied body sizes and genders of victims and perpetrators, we examined the extent to which perceptions of physical injury accounted for the effects of perpetrator and victim gender on blame attributions, and whether adherence to traditional gender roles moderated any influences of gender unassociated with perceived injury. For female perpetrators, participants estimated lower levels of perceived injury and greater victim blame, with the former effect predominantly accounting for the latter. Male victims were viewed as less injured and more blameworthy, but the latter finding was not predominantly driven by injury perceptions. Perceived physical injury also did not account for why females perpetrating against males were blamed least. Controlling for differences in perceived injury, those holding more traditional gender views blamed victims of female violence more than victims of male-perpetrated violence. Notably, variations in body physical size were not associated with injury perceptions or blame attributions. These findings overall suggest that gender does influence blame attributions by way of perceived physical injury, but other aspects of the construct of gender are also relevant to these evaluations.

     

Economic analysis of international environmental agreements: lessons learnt 2000–2020

International Environmental Agreements: Politics, Law and Economics - On the occasion of the 20th anniversary of International Environmental Agreements: Politics, Law & Economics, we...